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§ 9-105. Petitions to establish liens

West's Annotated Code of MarylandReal PropertyEffective: April 12, 2011

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 9. Statutory Liens on Real Property (Refs & Annos)
Subtitle 1. Mechanics' Liens (Refs & Annos)
Effective: April 12, 2011
MD Code, Real Property, § 9-105
§ 9-105. Petitions to establish liens
Filing and contents of petition
(a) In order to establish a lien under this subtitle, a person entitled to a lien shall file proceedings in the circuit court for the county where the land or any part of the land is located within 180 days after the work has been finished or the materials furnished. The proceedings shall be commenced by filing with the clerk, the following:
(1) A petition to establish the mechanic's lien, which shall set forth at least the following:
(i) The name and address of the petitioner;
(ii) The name and address of the owner;
(iii) The nature or kind of work done or the kind and amount of materials furnished, the time when the work was done or the materials furnished, the name of the person for whom the work was done or to whom the materials were furnished, and the amount or sum claimed to be due, less any credit recognized by the petitioner;
(iv) A description of the land, including a statement whether part of the land is located in another county, and a description adequate to identify the building; and
(v) If the petitioner is a subcontractor, facts showing that the notice required under § 9-104 of this subtitle was properly mailed or served upon the owner, or, if so authorized, posted on the building. If the lien is sought to be established against two or more buildings on separate lots or parcels of land owned by the same person, the lien will be postponed to other mechanics' liens unless the petitioner designates the amount he claims is due him on each building;
(2) An affidavit by the petitioner or some person on his behalf, setting forth facts upon which the petitioner claims he is entitled to the lien in the amount specified; and
(3) Either original or sworn, certified, or photostatic copies of material papers or parts thereof, if any, which constitute the basis of the lien claim, unless the absence thereof is explained in the affidavit.
Proceedings as an action in equity
(b) The clerk shall docket the proceedings as an action in equity, and all process shall issue out of and all pleadings shall be filed in the one action.

Credits

Added by Acts 1976, c. 349, § 3, eff. May 4, 1976. Amended by Acts 1994, c. 563, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 2011, c. 65, § 1, eff. April 12, 2011.
Formerly Art. 21, § 9-105.
MD Code, Real Property, § 9-105, MD REAL PROP § 9-105
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document